If you’re a working probate attorney, elective share claims loom large in
Continue Reading 2017 legislative news: Big Changes to Florida’s Elective Share Statutes
4th DCA: Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?
Blackburn v. Boulis, — So.3d —-, 2016 WL 231405 (Fla. 4th
Continue Reading 4th DCA: Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?
2d DCA: When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?
Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
In the right circumstances, no-contest or in terrorem clauses can be effective
Continue Reading Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
Bkrtcy: Can you time an elective share claim to gain an advantage in bankruptcy?
In re Miller, — B.R. —-, 2010 WL 5184798 (Bkrtcy.S.D.Fla.2010)
Assume
Continue Reading Bkrtcy: Can you time an elective share claim to gain an advantage in bankruptcy?
4th DCA: When does a surviving spouse’s “elective share” take an estate-tax hit?
Boulis v. Blackburn, — So.3d —-, 2009 WL 2382358 (Fla. 4th
Continue Reading 4th DCA: When does a surviving spouse’s “elective share” take an estate-tax hit?
2d DCA: Florida’s spousal elective share statute survives constitutional challenge
In re Estate of Magee, — So.2d —-, 2007 WL 2781131
Continue Reading 2d DCA: Florida’s spousal elective share statute survives constitutional challenge
Lateral thinking = probate litigation success
Marlowe v. Brown, 944 So.2d 1036 (Fla. 4th DCA Aug 02,
Continue Reading Lateral thinking = probate litigation success
Court says NO to appeal of spousal-elective-share order
Trenchard v. Gray, — So.2d —-, 2007 WL 837294 (Fla. 2d DCA Mar
Continue Reading Court says NO to appeal of spousal-elective-share order
No productive-property clause = failed elective share trust
Janien v. Janien, 2006 WL 2956304 (Fla. 4th DCA Oct 18,
Continue Reading No productive-property clause = failed elective share trust